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Occupational Safety & Health Legal Articles

Title VII of the 1964 Civil Rights Act prohibits workplace discrimination. Title VII, however, prohibits only the types of discrimination identified in the statute, including race discrimination, sex discrimination, religious discrimination, and national origin discrimination. For nearly two decades, the prevailing view from the country’s federal courts, including New York’s federal appellate court (the Second Circuit), was that Title VII does not prohibit workplace discrimination based on an employee’s sexual orientation. On February 26, 2018, the Second Circuit became the second federal circuit court to reverse its prior precedent and hold that Title VII does indeed prohibit sexual orientation discrimination. Today’s Long Island employment law blog discusses the Zarda v. Altitude Express, Inc. decision.

Long Island is prone to Nor'Easters and other significant snow and weather events. A popular question is whether employers must pay their employees when the business closes due to snow or other inclement weather. Today's Long Island employment law blog discusses pay issues related to weather emergencies.

The Family Medical Leave Act (“FMLA”) is a federal law which allows eligible employees to take a leave of absence from work for several reasons such as when dealing with a serious health condition of the employee or their family.

Many employers include an arbitration clause in their employment contracts. An employee who signs this contract, gives up his or her right to sue in court over any job-related issues that may arise such as claims for wrongful termination, minimum wage payment violations, and overtime pay violations. Today's employment law blog discusses recent developments about the applicability of arbitration clauses to claims of unpaid wages and overtime in New York.

Employers often wonder whether they have to pay their interns. This is a question courts have also grappled with over the past few years. Today's Long Island employment law blog explores the question of whether interns are employees, requiring that employers pay them at least minimum wage.